Restriction on felling of trees.

§3

Summary

(1) Notwithstanding any custom, usage, or law for the time being in force, or the decree or order of a Court, or anything contained in any instrument to the contrary, no person shall fell any tree or cause such tree to be felled in any land, whether of his ownership or otherwise, except with the previous permission in writing of a 1[Tree Officer] duly empowered by the State Government in that behalf 2*. 3[(1A) If any person wishes to fell a tree, he shall apply in writing to the 4[Tree Officer] empowered under sub-section (1) for permission in that behalf. (1B) The 5[Tree Officer] on receipt of an application- (a) shall acknowledge the application within seven days ; (b) may, after due enquiry, either grant or refuse the permission, applied for in accordance with the provisions of rules made under section 15 : Provided that, no such permission shall be refused if the tree is dead, diseased or windfallen, or if it has silviculturally matured, 6[or if it constitutes obstruction to traffic, or if it is substantially damaged or destroyed by fire, lightning, rain, or other natural causes, or if it constitutes an obstruction to efficient cultivation : 7[Provided further that such permission shall be granted subject to the condition that the applicant shall plant equal number of trees of the same or any other species as the Tree Officer may direct on the same site or other suitable place in the vicinity in the ensuring planting season ;] 8[(1Ba) Notwithstanding anything contained in sub-section (1B), but subject to the rules made under section 15 in this behalf, the Tree Officer shall not refuse the application made under sub-section (1A) for carrying out silvicultural operations like thinning or felling of trees scientifically for optimum growth of an artificial plantation.] (1C) If the 9[Tree Officer] fails to inform that applicant of his decision within 10[sixty days] from the date of acknowledgement of the application, or from the date of receipt of the application, if the application is not acknowledged, the permission applied for shall be deemed to have been granted.] (2) Any person aggrieved by an order of the 11[Tree Officer] refusing to grant permission under 12[sub-section (1B)] may, within thirty days of the receipt of such order, appeal to the Collector. Subject to such rules of procedure as may be prescribed, the Collector may, after giving such person a reasonable opportunity of being heard, pass such order on the appeal as he thinks just and proper.

(1) Notwithstanding any custom, usage, or law for the time being in force, or the decree or order of a Court, or anything contained in any instrument to the contrary, no person shall fell any tree or cause such tree to be felled in any land, whether of his ownership or otherwise, except with the previous permission in writing of a 1[Tree Officer] duly empowered by the State Government in that behalf 2*. 3[(1A) If any person wishes to fell a tree, he shall apply in writing to the 4[Tree Officer] empowered under sub-section (1) for permission in that behalf. (1B) The 5[Tree Officer] on receipt of an application- (a) shall acknowledge the application within seven days ; (b) may, after due enquiry, either grant or refuse the permission, applied for in accordance with the provisions of rules made under section 15 : Provided that, no such permission shall be refused if the tree is dead, diseased or windfallen, or if it has silviculturally matured, 6[or if it constitutes obstruction to traffic, or if it is substantially damaged or destroyed by fire, lightning, rain, or other natural causes, or if it constitutes an obstruction to efficient cultivation : 7[Provided further that such permission shall be granted subject to the condition that the applicant shall plant equal number of trees of the same or any other species as the Tree Officer may direct on the same site or other suitable place in the vicinity in the ensuring planting season ;] 8[(1Ba) Notwithstanding anything contained in sub-section (1B), but subject to the rules made under section 15 in this behalf, the Tree Officer shall not refuse the application made under sub-section (1A) for carrying out silvicultural operations like thinning or felling of trees scientifically for optimum growth of an artificial plantation.] (1C) If the 9[Tree Officer] fails to inform that applicant of his decision within 10[sixty days] from the date of acknowledgement of the application, or from the date of receipt of the application, if the application is not acknowledged, the permission applied for shall be deemed to have been granted.] (2) Any person aggrieved by an order of the 11[Tree Officer] refusing to grant permission under 12[sub-section (1B)] may, within thirty days of the receipt of such order, appeal to the Collector. Subject to such rules of procedure as may be prescribed, the Collector may, after giving such person a reasonable opportunity of being heard, pass such order on the appeal as he thinks just and proper.

← Previous Section Next Section →

Explore this Chapter